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NY H89164




March 26, 2002

CLA-2-62:RR:NC:N3:360 H89164

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010

Ms. Lesa R. Hubbard
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75024-3698

RE: The tariff classification of a woman's pajama bottom from India.

Dear Ms. Hubbard:

In your letter dated March 11, 2002, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Lot number 113-6315 is a woman’s pajama bottom constructed from 100 percent cotton flannel woven fabric. The garment features a drawstring elasticized waist, a three-button fly front opening that fastens left over right and long hemmed legs. In a telephone conversation with this office, you have indicated that this style will be imported with a faux fly.

The applicable subheading for lot number 113-6315 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The rate of duty will be 11.3 percent ad valorem.

Lot number 113-6315 falls within textile category designation 352. Based upon international textile trade agreements products of India are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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